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STATE v. FOUST

No. 97-0499-CR.

214 Wis.2d 568 (1997)

570 N.W.2d 905

STATE of Wisconsin, Plaintiff-Respondent-Cross Appellant, v. Ronald C. FOUST, Defendant-Appellant-Cross Respondent.

Court of Appeals of Wisconsin.

Decided October 30, 1997.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant-cross respondent, the cause was submitted on the brief of John D. Lubarsky, assistant state public defender.

On behalf of the plaintiff-respondent-cross appellant, the cause was submitted on the brief of Erik C. Peterson, assistant district attorney of Richland County.

Before Dykman, P.J., Vergeront and Deininger, JJ.

DEININGER, J.

Ronald Foust appeals a judgment convicting him of operating a motor vehicle while under the influence of an intoxicant (OMVWI), in violation of § 346.63(1)(a), STATS., as a third offense. He claims the trial court erred by relying on a constitutionally infirm prior OMVWI conviction to establish that Foust was subject to prosecution for OMVWI as a third offense. The State cross-appeals, claiming that the trial court also erred when it disallowed...

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